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HomeMy WebLinkAboutMinutes - 2008.10.23 - 8472859 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES October 23, 2008 Meeting called to order by Chairperson Bill Bullard, Jr. at 9:31 a.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) EXCUSED ABSENCE WITH NOTICE: Clark. (1) EXCUSED ABSENCE PER MISCELLANEOUS RESOLUTION #04228: Coleman. (1) Quorum present. Invocation given by Jim Nash. Pledge of Allegiance to the Flag. Moved by Nash supported by Crawford the minutes of the October 2, 2008 Board Meeting be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Kowall supported by Coulter the agenda be approved as printed with the following exception: Item CA-GG-B – Board of Commissioners – Resolution to Establish a Regional Partnership for Sustainability will be moved from the Consent Agenda to the Regular Agenda. AYES: Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack. (23) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as printed. Deputy County Clerk/Register of Deeds Constance Spak read a communication from Bill Bullard, Jr., Chairperson of the Oakland County Board of Commissioners, appointing Ann Russell, Chief David Malloy, Honorable Fred Mester, Honorable Phyllis McMillen, Rebecca Schnelz, Christina Nichols, Deborah Carley, Jack Holmes, Mona DeFranscio and Cheryl Braxton to the Community Corrections Advisory Board for the term ending October 31, 2012. The communication was received for filing. Commissioners Minutes Continued. October 23, 2008 860 Deputy County Clerk/Register of Deeds Constance Spak read a communication from Elizabeth Pezzetti, Chief Judge of Probate, appointing William Roberts and Colleen Schwartz to the State Boundary Commission for three year terms. The communication was received for filing. Larry Crake, Chairperson for the Oakland County Road Commission, addressed the Board. Moved by Long supported by Greimel the resolutions (with fiscal notes attached) on the Amended Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 891. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #08221 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET/EQUALIZATION DIVISION – APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF KEEGO HARBOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Equalization Division provides a number of services to local units of government including original assessments, reappraisals, and file maintenance; and WHEREAS these services are provided under contract with the local units as approved by the Board of Commissioners; and WHEREAS revenues and expenditures associated with the services for this contract are included in the Fiscal Year 2008 Budget and therefore, no budget amendment is recommended; and WHEREAS several contracts have been renewed, generating approximately $65,622 in additional revenue, which has been included in the Fiscal Year 2009 and Fiscal Year 2010 Adopted Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves entering into the attached Contract for Oakland County Equalization Division Assistance Services covering the term July 1, 2008 thru June 30, 2009 with the City of Keego Harbor, which has been signed by its authorized signatories. BE IT FURTHER RESOLVED that the Board of Commissioners’ Chairperson is authorized to sign this contract. BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract with the concerned unit of government as required by law. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF KEEGO HARBOR (real and personal property services) This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF KEEGO HARBOR (hereafter, this “Contract”) is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the “County”), and the CITY OF KEEGO HARBOR, a Michigan Constitutional and Municipal Corporation whose address is 2141 Cass Lake Road, Keego Harbor, Michigan 48320-0665 (hereafter, the “Municipality”). In this Contract, either the County and/or the Municipality may also be referred to individually as a “Party” or jointly as “Parties.” INTRODUCTORY STATEMENTS A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the “State”), including, but not limited to, the Michigan General Property Tax Act (MCL 211 .1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes. B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality’s geographic boundaries (MCL 211.10(f), the County, has no obligation to provide these Services to or for the Municipality. Commissioners Minutes Continued. October 23, 2008 861 C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers in the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities. D. The Municipality has requested the County’s Equalization Division assistance in performing the “Equalization Division Assistance Services” (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract. E. The County has determined that it has sufficient “Equalization Division Personnel,” as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested “Equalization Division Assistance Services” under the terms and conditions of this Contract. NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows: §1. DEFINED TERMS. In addition to the above defined terms (i.e., “Contract”, “County”, “Municipality”, “Party” and “Parties”, and “State”), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows: 1.1. “County Agent” or “County Agents” shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons’ successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. “County Agent” and/or “County Agents” shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. 1.2. “Equalization Division Personnel” as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County’s Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. 1.3. “Municipality Agent” or “Municipality Agents”, shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons’ successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. “Municipality Agent” shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity. 1.4. “Claim(s)” shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penal ties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become Commissioners Minutes Continued. October 23, 2008 862 legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged violation of the constitution (federal or State), any statute, rule, regulation or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened and arising out of any alleged breach of any duty by the County and/or any County Agent to any third the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County’s and/or any County Agent’s participation in this Contract. 1.5. “Municipality Taxpayer” shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws. 1.6. “State” shall be defined as the “State of Michigan,” a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal and/or the State Department of Treasury. §2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as described and limited in the following subsections (hereinafter defined and referred to as either “Equalization Division Assistance Services” or “Services”). 2.1. “EQUALIZATION DIVISION ASSISTANCE SERVICES” OR “SERVICES” TO BE PROVIDED “Equalization Division Assistance Services” or “Services”, to be performed by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities: 2.1.1. This Contract is to provide for annual assessment of real and personal property through the 2009 tax year as required by laws of the State of Michigan. The County agrees to make assessments of real and personal property within the Municipality pursuant to MCL 211.10d. 2.1.2. The Equalization Division personnel will appraise all new property, process all real and personal property description changes, prepare the assessment roll for real and personal property in the Municipality; attend March, July and December Boards of Review and other such duties as required by the State General Property Tax Laws. The Equalization Division personnel will also be available for consultation on all Michigan Tax Tribunal real and personal property appeals and will assist the assessor in the preparation of both the oral and written defense of appeals, as long as there is a current Contract in effect. However, the County shall not assist or appear on behalf of the Municipality regarding appeals of special assessments to the Michigan Tax Tribunal or any other Court or Tribunal. 2.2. PURPOSE OF COUNTY “SERVICES The Parties agree that the purpose of any and all “Equalization Division Assistance Services” or ‘Services” to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the performance of that Municipality’s official functions, obligations, and Municipality’s legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws. 2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all ‘Equalization Division Assistance Services’ or “Services” to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County’s “Equalization Division Personnel” as defined herein. 2.3.1. Equalization Division Personnel shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County. 2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract. Commissioners Minutes Continued. October 23, 2008 863 2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers’ disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent’s employment status. 2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable County employment and/or union contract, and/or any County rule(s), regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the County and any County Agent or Equalization Division Personnel and/or the conduct and actions of any County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner: 2.3.4.1. The County’s sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote, layoff, furlough, discharge any Equalization Division Personnel and/or pay any and all Equalization Division Personnel’s wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any Equalization Division Personnel with the County, subject only to its applicable collective bargaining Contracts. 2.3.4.2. The County’s sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any County Agent or Equalization Division Personnel, any necessary County Agent or Equalization Division Personnel’s training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any Equalization Division Personnel performing any County duty or obligation under the terms of this Contract. 2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County. 2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent. Commissioners Minutes Continued. October 23, 2008 864 2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County’s Equalization Division Assistance Services duty or obligation under the terms of this Contract. 2.4. LIMITS AND EXCLUSIONS ON COUNTY “SERVICES” Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other “Services “ or assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract. 2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body. 2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court. §3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2009, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein. §4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to the Municipality under any applicable State Property Tax Laws. 4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law. 4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County. 4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law. Commissioners Minutes Continued. October 23, 2008 865 4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law. §5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party’s respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or character of office of either Party to any other person or Party. 5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party’s County or Municipal Agents. 5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal. §6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County on or before July 1, 2009 the sum of $14.00 for each real property description and $12.40 for each personal property description rendered during the life of this Contract. If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel’s overtime rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions: 6.1.1. One evening meeting as required by law under MCL § 211.29(1). 6.1.2. Dates requiring overtime set by the Municipality Charter. 6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property notices mailed relating to work performed under this Contract. The Municipality agrees to be responsible for all photographic supplies. 6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. 6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County Treasurer shall be entitled to set- off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund (“DTRF”) or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. 6.5. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the MUNICIPALITY agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract. Commissioners Minutes Continued. October 23, 2008 866 6.6. None of these provisions shall operate to limit in any way the County’s right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. §7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract. 7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County’s efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome. 7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party’s efforts, costs, and obligations under this Contract reflect this allocation of each Party’s risk and the limitations of liability as specified herein. 7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or any Municipality Agent by any third person, including but not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably, or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract. 7.4. If the Municipality requests and the County agree, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this contract, including, but not limited to, the applicable millage rate. The parties agree that under no circumstances shall the County be held liable to the Municipality or any third party based upon any error in any tax statement due to information supplied by the Municipality to the County for such purposes. §8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Commissioners Minutes Continued. October 23, 2008 867 Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. 8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality’s duties or obligations under any applicable State Property Tax Laws are satisfied. 8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents’ past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers’ disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent’s employment stat us or any alleged violation of any Municipality Agent’s statutory, contractual (e.g., union, employment, or labor contract), constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent’s wages, compensation, benefits, or other employment- related or based rights, including, but not limited to, those described in this section. 8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent. 8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the municipality agrees to notify the County immediately of approval of any application for abatement or tax exemption. 8.5. The Municipality agrees to inform the County agents regarding any increase in taxation which is governed by the Truth in Taxation Act as well as any property which is being considered for an exemption under the Industrial Facility Tax Act. The County shall be informed of these proposed changes prior to approval by the governing body of the municipality. 8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant. 8.7. The Municipality agrees that its agents will perform the following functions: 8.7.1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County’s Computer terminals. 8.7.2. Provide a copy of all building permits with Sidwell numbers to the County’s Equalization Division on a monthly basis. 8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality. 8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of property located within the Municipality to the County’s Equalization Division in a timely manner. 8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County’s Equalization Division. 8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to undertake the tasks in Section 8.7 above, the County’s Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks. Commissioners Minutes Continued. October 23, 2008 868 §9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under the terms of this Contract, the County’s and/or any and all County Agents’ legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during t he term of this Contract. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract. §10.COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality. §11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any court ordered judgment or award to a third party for which a court has determined that the County and/or any County Agent was solely negligent or at fault. However, the Municipality agrees to, indemnify and hold the County and/or any County Agent harmless from and against any and all Claim(s) which are imposed upon, incurred by, or asserted against the County and/or any County Agent by any Municipality Agent under any circumstances or by any person which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligence or intentional act(s) or omission(s) by the Municipality and/or any Municipality Agent, including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other Claim(s) based in any way upon any Municipality or Municipality Agent’s services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. §12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice. 12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or County obligations under this Contract, except those rights and obligations expressly surviving cancellation as provided for in this Contract, shall end. 12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any and all indemnification and hold harmless promises, waivers of liability, record-keeping requirements, any Municipality payment obligations to the County, and/or any other related obligations provided for in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred before the cancellation or completion of this Contract, shall survive the cancellation or completion of this Contract. §13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the City Council of Keego Harbor. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland County Board of Commissioners and the City Council of Keego Harbor and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Keego Harbor. §14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner. Commissioners Minutes Continued. October 23, 2008 869 §15. NO THIRD.-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party’s rights in this Contract, and/or any other right of any kind, in favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer’s legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. §16. CONSTRUED AS A WHOLE The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this Contract, the singular or plural number, possessive or nonpossessive shall be deemed to include the other whenever the context so suggests or requires. §17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract. §18. NOTICES Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party’s signatory to this Contract, or that signatory’s successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service. §19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. §20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, sets forth the entire agreement between the County and the Municipality and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the Municipality in any way related to the subject matter hereof, except as expressly stated herein. This Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Sidney Rubin, Mayor of the City of Keego Harbor, hereby acknowledges that he has been authorized by a resolution of the City Council of Keego Harbor, a certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract. EXECUTED: ______________________ DATE: ________________ Sidney Rubin, Mayor City of Keego Harbor WITNESSED: _____________________ DATE: _____ ___________ Linda Voll, City Clerk City of Keego Harbor IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract. EXECUTED: ______________________ DATE: ________________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: _____________________ DATE: ________________ Commissioners Minutes Continued. October 23, 2008 870 Ruth Johnson, Clerk/Register of Deeds County of Oakland (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08222 BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET – 2008 APPORTIONMENT OF LOCAL TAX RATES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS your Finance Committee on Local Taxes has examined certificates, statements, papers and records submitted to it from the various townships, cities and villages having taxes to be spread upon the Tax Rolls, and has checked these documents with the pertinent laws, specifically Section 37 General Property Tax Laws, and has caused corrections to be made where necessary; and WHEREAS your committee has prepared tax certificates showing the certified rates as adjusted by M.C.L. 211.34, M.C.L. 211.34D, and M.C.L. 211.34E of the General Property Tax Laws, authorized to be spread against state taxable valuations, which certificates are submitted herewith, and which are the basis for the tabulation above mentioned, and it is recommended that the Board of Commissioners authorize the Equalization Director to sign these certificates; and WHEREAS the electorate of the State of Michigan amended Article IX of the constitution and added Section 36; and WHEREAS the legislature, as directed, implemented said legislation under Section 37 of the General Property Tax Act and the 1976 State School Code, as amended; and WHEREAS the certified rates are subject to M.C.L. 211.36 which allows additional millage to be voted up to and including December 7, 2008 for schools and, if adopted, up to and including November 4, 2008 for taxing jurisdictions, as specified in said section; said additional millage(s) would require Board approval before they could be spread; and WHEREAS the electorate of the State of Michigan voted to limit school operating levies on homestead and non-homestead property taxes in accordance with this report. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the attached certificates with the recommendations herein contained as part of the permanent records of the Board. BE IT FURTHER RESOLVED that the Equalization Director be authorized and directed to sign the several tax certificates on which the attached tabulation was based, thereby authorizing and directing the various assessing officers to spread the rates against the taxable valuation set forth herein for 2008. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08223 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – AMENDMENT #1 – OAKLAND COUNTY ZOOLOGICAL AUTHORITY ARTICLES OF INCORPORATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in May 2008, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #08090 to establish the Oakland County Zoological Authority and approve its Articles of Incorporation; and WHEREAS the Oakland County Zoological Authority Articles of Incorporation, Article VII, Section 1, establishes that, “At its first meeting the Authority shall elect, by a vote of the majority of the Authority voting members, one voting member to serve as Chairperson, one as Secretary, and one as Treasurer of the Authority. Except as otherwise specifically set forth in these Articles, the qualifications, powers, duties, and terms of office of the Chairperson, Secretary, and Treasurer shall be as set forth in the bylaws of the Commissioners Minutes Continued. October 23, 2008 871 Authority. At any time when Bylaws have not been adopted, officers shall serve a term of two years or until their successors are elected”; and WHEREAS the Oakland County Zoological Authority Articles of Incorporation, Article VII, Section 4, establishes that, “The Treasurer shall perform all acts incidental to the position of treasurer as are incidental to these Articles or the Bylaws of the Authority”; and WHEREAS in keeping with the manner and method of various boards, commissions and authorities, the Oakland County Treasurer should be designated to serve as the Treasurer of the Oakland County Zoological Authority. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby amend the Articles of Incorporation of the Oakland County Zoological Authority by striking the current language in Article VII, Section 1 and Section 4, and substituting the following: Section 1 – The Authority shall elect, by a majority vote of the Board, a member of the Board to serve as Chairperson, and a member of the Board to serve as Secretary of the Authority. Except as otherwise specifically set forth in these Articles, the qualifications, powers, duties, and terms of office of the Chairperson and Secretary shall be as set forth in the Bylaws of the Authority. At any time when Bylaws have not been adopted, officers shall serve a term of one year or until their successors are elected. Section 4 – The Authority shall appoint the Oakland County Treasurer as the Treasurer of the Authority. The Treasurer shall perform all acts incidental to the position of treasurer as are incidental to these Articles or by the Bylaws of the Authority. Chairperson, we move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE (The vote for this motion appears on page 891.) *REPORT (MISC. #08203) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO MAKE ENERGY EFFICIENCY THE FOCUS OF THE REGIONAL PARTNERSHIP FOR SUSTAINABILITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 13, 2008, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #08203 BY: Commissioners Jim Nash, District #15, David W. Potts, District #20, Tim Burns, District #19, Eric Coleman, District #23, David Coulter, District #25, Marcia Gershenson, District #17, Michael J. Gingell, District #3, Vincent Gregory, District #21, Tim Greimel, District #11, Mattie Hatchett, District #10, Bradford Jacobsen, District #1, Karen Spector, District #16, David Woodward, District #18, Helaine Zack, District #22 IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO MAKE ENERGY EFFICIENCY THE FOCUS OF THE REGIONAL PARTNERSHIP FOR SUSTAINABILITY To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Detroit City Council and the County Commissions of Wayne, Oakland and Macomb Counties have established the Regional Partnership for Sustainability; and WHEREAS Michigan’s per capita energy use continues to steadily increase even as energy costs increase; and WHEREAS cities and counties can increase energy efficiency through green building practices and other energy-efficient actions and policies that can demonstrate measurable results; and WHEREAS energy efficiency and diversification can create opportunities for economic revival by providing job and business opportunities within the emerging green economy; and WHEREAS there are models of government-led success in other cities, states, and regions. Commissioners Minutes Continued. October 23, 2008 872 NOW THEREFORE BE IT RESOLVED that the initial focus of the Regional Partnership for Sustainability be on Energy Efficiency. BE IT FURTHER RESOLVED that the Partnership will work with WARM Training, and the Southeast Michigan Regional Energy Office and ReBuild Michigan initiatives for technical assistance, training in best practices and energy audits. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Clerk to forward copies of this adopted resolution to the Detroit City Council, the Commissions of Wayne, Oakland, and Macomb Counties, WARM Training, and the Southeast Michigan Regional Energy Office. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, DAVID POTTS, KAREN SPECTOR, TOM MIDDLETON, MARCIA GERSHENSON, JEFF POTTER, MATTIE HATCHETT, MIKE ROGERS, ERIC COLEMAN, HUGH CRAWFORD, TIM BURNS, EILEEN KOWALL, VINCENT GREGORY, DAVE WOODWARD, BRADFORD JACOBSEN, MICHAEL GINGELL, SUE ANN DOUGLAS (The vote for this motion appears on page 891.) *REPORT (MISC. #08184) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ESTABLISHMENT OF AN OAKLAND UNIVERSITY NURSING SCHOOL AT THE SITE OF POH REGIONAL MEDICAL CENTER To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 13, 2008, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #08184 BY: Commissioner Tim Greimel, District #11 and Commissioner Mattie McKinney Hatchett, District #10 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR THE ESTABLISHMENT OF AN OAKLAND UNIVERSITY NURSING SCHOOL AT THE SITE OF POH REGIONAL MEDICAL CENTER To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS this Board supports continued access to quality healthcare for Oakland County residents; and WHEREAS this Board supports the saving and creating of jobs in the difficult economic climate facing Oakland County; and WHEREAS there is an acute shortage of nurses throughout the State of Michigan, including Oakland County; and WHEREAS the shortage of nurses threatens to curtail growth in the healthcare sector, which is potentially one of the fastest growing economic sectors in Oakland County; and WHEREAS Oakland University is interested in establishing a nursing school at the site of POH Regional Medical Center; and WHEREAS the establishment of such a nursing school would train students to fill high-paying jobs in Oakland County; and WHEREAS the establishment of such a nursing school would help to alleviate the shortage of nurses in Oakland County and the State of Michigan, thereby facilitating continued economic growth in the healthcare sector. Commissioners Minutes Continued. October 23, 2008 873 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby endorses the establishment of a nursing school by Oakland University on the site of POH Regional Medical Center and encourages all relevant parties to work cooperatively toward that end. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, to members of the Oakland County delegation to the Michigan legislature, to Oakland County's legislative lobbyists, to the Mayor of the City of Pontiac, to the members of the City Council of the City of Pontiac, to the President and Chief Executive Officer and to the board of directors of POH Regional Medical Center, and to the President and to the members of the Board of Trustees of Oakland University. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, MATTIE HATCHETT, DAVID WOODWARD, KAREN SPECTOR, ERIC COLEMAN, JIM NASH, DAVID COULTER, HELAINE ZACK, DAVID POTTS, ROBERT GOSSELIN, BILL BULLARD (The vote for this motion appears on page 891.) *REPORT (MISC. #08216) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on October 14, 2008, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #08216 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Lyon Oaks County Park located at 52251 Pontiac Trail, Wixom, Michigan; and WHEREAS the Oakland County Parks and Recreation Commission wishes to construct a replacement bridge in Lyon Oaks County Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails; and WHEREAS the City of Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS the Oakland County Parks and Recreation Commission proposes to construct the bridge in- house using park staff and equipment; and WHEREAS the parties shall evenly split the entire cost of the project, assisting the Oakland County Parks and Recreation Commission in its strategic master plan goal to increase both revenue sources and partnerships with local government agencies; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Interlocal Agreement and recommend its approval; and WHEREAS the Oakland County Parks and Recreation Commission, at its September 3, 2008 meeting, adopted a resolution in support of the approval and acceptance of the terms of the Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom. Commissioners Minutes Continued. October 23, 2008 874 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Interlocal Agreement between the County of Oakland and the City of Wixom. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Interlocal Agreement and all other related documents between the County of Oakland and the City of Wixom, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF WIXOM This Agreement is made between Oakland County, a Municipal Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 (“County”) and the City of Wixom, a Municipal and Constitutional Corporation, 49045 Pontiac Trail, Wixom, MI 48393 (“Wixom”). All obligations and responsibilities of the County shall be carried out by the Oakland County Parks and Recreation Commission, an official statutory agent of the County, 2800 Watkins Lake Road, Waterford, Michigan 48328 (“Parks and Recreation Commission”). In this Agreement, the County and Wixom may also be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and Wixom enter into this Agreement. The purpose of this Agreement is to delineate the responsibilities and obligations of the Parties regarding the construction and maintenance of a bridge in Lyon Oaks Park. WHEREAS, the Parks and Recreation Commission manages property commonly referred to as the Lyon Oaks County Park; and WHEREAS, the Parks and Recreation Commission wishes to construct a bridge which shall replace a bridge in Lyon Oaks Park over the Norton Drain, such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails (“the Project”); and WHEREAS, Wixom wishes to maintain access to an existing sanitary maintenance easement via the bridge; and WHEREAS, the Parks and Recreation Commission proposes to construct the bridge in-house using park staff and equipment, according to specifications specifically described in Exhibit A; and WHEREAS, the parties shall evenly split the entire cost of the Project; and NOW, THEREFORE, in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto, and any other mutually agreed to written and executed modification or amendment. 1.2. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, or any such persons’ successors. 1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.4. Exhibit means all of the following documents which are fully incorporated into this Agreement: 1.4.1. Exhibit A: Bridge Drawing 1.5. Project means the construction of a bridge, pursuant to Exhibit A, which shall replace a bridge in Lyon Oaks Park over the Norton Drain; such bridge shall provide access to an existing sanitary maintenance easement and shall provide access to public trails. 1.6. Wixom means the City of Wixom, including, but not limited to, its Council, departments, divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, or any such persons’ successors. 2. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall carry out the following: Commissioners Minutes Continued. October 23, 2008 875 2.1. The Parks and Recreation Commission shall construct a bridge at Lyon Oaks County Park, as more specifically described in Exhibit A. 2.2. The Parks and Recreation Commission shall construct the bridge using Parks and Recreation Commission staff and equipment. 2.3. In the event a contractor is needed at any time during the Project, the Parks and Recreation Commission shall contract with a suitable contractor to perform worked deemed necessary. 2.4. The Parks and Recreation Commission shall secure the necessary permits and approvals from the government entities having jurisdiction, including the necessary permits from Wixom. Wixom shall not charge the County fees for such permits or approvals. 2.5. The Parks and Recreation Commission shall keep and maintain complete and accurate records regarding all costs associated with the Project and shall make same available to Wixom. 2.6. The Parks and Recreation Commission shall maintain and provide necessary repairs for the bridge. 3. WIXOMS RESPONSIBILITIES. Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the County shall carry out the following: 3.1. Wixom shall be responsible for fifty percent (50%) of the total cost of the Project. The total cost of the Project shall not to exceed forty thousand dollars ($40,000.00). 3.2. Wixom shall make one lump sum payment to the Parks and Recreation Commission upon completion of the Project. 3.3. Wixom, at its discretion, may provide staff to assist in the construction of the bridge. If assisting in the construction, Wixom shall keep complete and accurate daily records of the assistance provided and submit their labor and equipment rates. The Parties shall calculate the monetary worth of Wixom’s assistance and deduct that amount from the amount Wixom is responsible to pay under Section 3.1. 4. DURATION OF AGREEMENT. 4.1. The Agreement and any amendments hereto shall be effective when executed by both Parties, with resolutions passed by the governing bodies of each Party, and when the Agreement is filed according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 4.2. This Agreement shall remain in effect until cancelled or terminated by either Party pursuant to Section 6. 5. ASSURANCES. 5.1. Each Party shall be responsible for its own acts and the acts of its employees, agents, and subcontractors, the costs associated with those acts, and the defense of those acts. 5.2. Neither Party shall be liable to the other Party for any consequential, incidental, indirect, or special damages of any kind in connection with this Agreement. 5.3. To the maximum extent provided by law, if there is any amount past due under this Agreement, the County, in its sole discretion, has the right to set off that amount from any amount due to Wixom from the County, including, but not limited to, distributions from the Delinquent Tax Revolving Fund (DTRF). 6. TERMINATION OR CANCELLATION OF AGREEMENT. 6.1. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) days notice. The effective date for termination or cancellation shall be clearly stated in the notice. 7. NO THIRD PARTY BENEFICIARIES. Except as expressly provided in this Agreement, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. 8. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 9. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or other persons or entities with respect to hire, tenure, terms, conditions, and Commissioners Minutes Continued. October 23, 2008 876 privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 10. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 11. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party’s control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. 12. IN-KIND SERVICES. This Agreement does not authorize any in-kind services, unless previously agreed to by the Parties and specifically listed herein. 13. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 15. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Parks and Recreation Commission Executive Officer 2800 Watkins Lake Road, Building 97 Waterford, MI 48328 and Oakland County Board of Commissioners, Chairperson, 1200 North Telegraph Road Pontiac, MI 48341 17.2. If Notice is sent to the County, it shall be addressed and sent to: 17.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 18. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the Commissioners Minutes Continued. October 23, 2008 877 court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recission, waiver, or release shall be signed by the same persons who signed the Agreement or other persons as authorized by the Parties' governing bodies. 20. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and understanding between the Parties. This Agreement supersedes all other oral or written Agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, _______________ hereby acknowledges that he has been authorized by a resolution of the__________________, a certified copy of which is attached, to execute this Agreement on behalf of the Political Subdivision and hereby accepts and binds the Political Subdivision to the terms and conditions of this Agreement. EXECUTED: ______________________________ DATE:______________ WITNESSED:______________________________ DATE:______________ IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland County and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: _____________________________ DATE: ______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners EXECUTED: ______________________________ DATE: ______________ Pecky Lewis, Chairperson Oakland County Parks and Recreation Commission WITNESSED:_______________________________ DATE:_______________ Ruth Johnson, Clerk Register of Deeds County of Oakland FISCAL NOTE (MISC. #08216) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION - APPROVAL AND ACCEPTANCE OF INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE CITY OF WIXOM FOR CONSTRUCTION AND MAINTENANCE OF A BRIDGE AT LYON OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County Parks and Recreation and the City of Wixom agree on a joint project to build a bridge to replaces the current bridge over the Norton Drain at the Lyon Oaks park which gives the City access to the sanitary maintenance and provide access to public trails. 2. Oakland County Parks and Recreation will construct a bridge at a cost not to exceed $40,000. The cost will be split evenly between the City and the County. 3. The resolution approves the Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement with the City of Wixom. 4. Estimated cost of project is $20,000 for Oakland County and is available in the FY 2009 Parks and Recreation Budget. 5. No budget amendments are recommended. FINANCE COMMITTEE Commissioners Minutes Continued. October 23, 2008 878 (The vote for this motion appears on page 891.) *REPORT (MISC. #08217) BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND OPERATION OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on October 14, 2008, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #08217 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION – APPROVAL AND ACCEPTANCE OF LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND OPERATION OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of the Springfield Oaks County Park located at 12451 Andersonville Road, Davisburg, Michigan; and WHEREAS Verizon Wireless LLC has requested license space from the County on the water tower at Springfield Oaks for the installation and operation of antennae for use in connection with its communication business; and WHEREAS the Oakland County Parks and Recreation Commission has negotiated the terms and conditions of a License Agreement with Verizon Wireless LLC for said antennae; and WHEREAS pursuant to the terms and conditions of said License Agreement, the County grants Verizon Wireless LLC a revocable, non-proprietary, non-exclusive license to access and place telecommunications equipment on the water tower and place an equipment shelter at Springfield Oaks County Park for an initial term of five years with the option for three renewable five-year terms. Verizon Wireless LLC shall pay the County an annual license fee of $27,000; the License Fee, throughout the Term and all Renewal Terms, will be increased annually by 3% on the anniversary of the Commencement Date; and WHEREAS the Departments of Facilities and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached License Agreement and recommend its approval; and WHEREAS the Oakland County Parks and Recreation Commission, at its August 13, 2008 meeting, adopted a resolution in support of the approval and acceptance of the terms of the License Agreement and all other related documents between the County of Oakland and Verizon Wireless LLC. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached License Agreement between the County of Oakland and Verizon Wireless LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached License Agreement and all other related documents between the County of Oakland and Verizon Wireless, LLC, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Telecommunications License Agreement on file in County Clerk’s office. Commissioners Minutes Continued. October 23, 2008 879 FISCAL NOTE (MISC. #08217) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DEPARTMENT OF PARKS AND RECREATION - APPROVAL AND ACCEPTANCE OF LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND OPERATION OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Verizon Wireless LLC has requested permission to place telecommunication equipment on the water tower at Springfield Oaks. 2. Verizon Wireless will pay a non-refundable administrative fee to Oakland County Parks and Recreation of $5,000 upon execution of the agreement. 3. Verizon Wireless will pay a license fee to Oakland County Parks and Recreation of $27,000 for the first year which will be increased annually by 3 percent for an estimated $27,810 for the second year, $28,644 for the third, $29,503 for the fourth and $30,389 for the fifth year. 4. Verizon Wireless is responsible to install and maintain the equipment on the tower. 5. The agreement approves an option for three renewable five-year terms. 6. No budget amendments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08218 BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT - SALARY ADMINISTRATION PLAN 3RD QUARTERLY REPORT FOR FISCAL YEAR 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Salary Administration Plan approved by the Board of Commissioners for Salary Grades 1 - 21 provides a process for departments and employees to request a review of the salary grade placement of classifications; and WHEREAS the 3rd Quarterly Report for Fiscal Year 2008 identifies the job studies conducted and the salary grade changes recommended by the Human Resources Department after completion of this review process; and WHEREAS funding is available in the Classification and Rate Change fund to implement GF/GP salary grade changes resulting from this Salary Administration Quarterly Report recommendations; and WHEREAS funding is available through Federal Workforce Development grants to implement salary grade changes resulting from recommended Proprietary salary grade changes. NOW THEREFORE BE IT RESOLVED that the Oakland Board of Commissioners authorizes implementation of the Salary Administration Plan 3rd Quarterly Report for Fiscal Year 2008, which includes the following classification changes: Salary Grade Classification From To Position Number Manager – Workforce Development 20 21 1090701-01119 Supervisor – Forensic Laboratory 15 17 4030910-02480 Forensic Artist 8 11 4030910-06410 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE FISCAL NOTE (MISC. #08218) BY: Finance Committee, Mike Rogers, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT – SALARY ADMINISTRATION PLAN 3rd QUARTERLY REPORT FOR FISCAL YEAR 2008 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. October 23, 2008 880 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Human Resources Department, with approval from the Board of Commissioners, provides a process for departments and employees requesting a review of the salary grade placement classifications for Grades 1 – 21. 2. One (1) General Fund Supervisor-Forensic Laboratory position in the Sheriff/Investigative and Forensic Services Division will be upgraded from a grade 15 to a grade 17, at an annual cost of $6,535 and $5,781 for the remainder of Fiscal Year 2009 in salaries and fringe benefits. 3. One (1) General Fund Forensic Artist position in the Sheriff/Investigative and Forensic Services division will be upgraded from a grade 8 to a grade 11, at an annual cost of $5,806 and $5,136 for the remainder of Fiscal Year 2009 in salaries and fringe benefits. 4. The Manager position in the Workforce Development Division under the Workforce Development Fund (#29801) will be upgraded from a grade 20 to a grade 21, at an annual cost of $10,714 and $9,748 for the remainder of Fiscal Year 2009 in salaries and fringe benefits. 5. The cost to upgrade the Manager – Workforce Development position will be covered by the Workforce Development Fund (#29801). 6. The classification changes and upgrades will be effective October 25, 2008. 7. A budget amendment to the Fiscal Year 2009 and Fiscal Year 2010 Adopted Budget is requested as follows for the General Fund positions: GENDRAL FUND (#10100) FY 2009 FY 2010 Expenditures 9090101-196030-740037 Non-Dept – Class & Rate Change ($10,917) ($ 12,341) 4030910-116250-702010 Sheriff/Invest&Fore Svc-Tech Svc- Salaries 4,150 4,691 4030910-116250-722740 Sheriff/Invest&Fore Svc-Tech Svc- Fringe Ben 1,631 1,844 4030910-116240-702010 Sheriff/Invest&Fore Svc-Lab Analysis – Salaries 3,687 4,168 4030910-116240-722740 Sheriff/Invest&Fore Svc-Lab Analysis – Fringe Ben 1,449 1,638 Total General Fund Exp. $ 0 $ 0 FINANCE COMMITTEE (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08195 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - 2008 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Part 307 of Act 451 of 1994, as amended, Inland Lake Levels, the Oakland County Drain Commissioner operates and maintains 35 lake level control devices/structures and 7 lake augmentation pumps that regulate the legally established water level of 53 lakes located within Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and WHEREAS Section 30722(4) of Act No. 59 requires that the Drain Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually; and WHEREAS for the year 2008, the Drain Commissioner proposes to assess 28 separate Lake Level Districts for the total aggregate amount of $450,755.88, for operation, maintenance and repair purposes, as itemized on the listing attached hereto, of which 20 of the proposed assessments are in excess of the said $10,000.00 limit, thereby requiring the Board of Commissioners’ authorization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of operating and maintaining the level of various lakes located in Oakland County, the total aggregate amount of $450,755.88, being the sum total of all assessments for the said year to be assessed against Commissioners Minutes Continued. October 23, 2008 881 all of the befitting properties and government entities comprising the assessment rolls of 28 separate Lake Level Districts itemized on the listing hereto, including 20 assessments in excess of $10,000.00. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Drain Commissioner 2008 Lake Level Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #08195) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER - 2008 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $450,755.88 for the year 2008 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating and maintaining 28 lake levels located within Oakland County. 2. Oakland County’s share of the assessments for operations and maintenance of lake levels is $1,791.80. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08196 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 4 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch or enclosed drains at various locations throughout Oakland County; and WHEREAS the Drain Commissioner incurs costs for such operation and maintenance that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against the Drainage District of drains established in accordance with said Chapter 4, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2008, the Drain Commissioner proposes to assess the 34 Drainage districts the total aggregate amount of $109,424.48 for the maintenance, operation, clean out and repair of 34 drains, all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of operating, maintaining, cleaning out and repairing 34 drains located in Oakland County, the total aggregate amount of $109,424.48, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 34 Drainage Districts itemized on the listing attached hereto. Commissioners Minutes Continued. October 23, 2008 882 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Drain Commissioner 2008 Chapter 4 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #08196) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $109,424.48 for the year 2008 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of maintaining, cleaning, and repairing 34 Chapter 4 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 4 drains is $6,027.26. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 891.) *MISCELLANEOUS RESOLUTION #08197 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with the provisions of Chapter 18 of Act No. 40 of the Public Acts of 1956, as amended, also known as the Michigan Drain Code, the Oakland County Drain Commissioner operates and maintains a number of open ditch and/or enclosed drains at various locations in Oakland and West Bloomfield Townships; and WHEREAS existing private drains established as County Drains in accordance with Chapter 18 of the Michigan Drain Code shall be the same as if originally laid out and designated, located, established and constructed by procedures set forth in other sections of the Michigan Drain Code; and WHEREAS the Drain Commissioner incurs costs for the operation and maintenance of these Drains that are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Drainage Districts; and WHEREAS Chapter 8 of the said Drain Code permits the Drain Commissioner to levy assessments against Drainage District of Drains established in accordance with said Chapter 18, for operation, maintenance, clean out and repair purposes, provided such assessments not exceed $1,250 per mile of drain per year, or fraction thereof; and WHEREAS for the year 2008, the Drain Commissioner proposes to assess the 20 Drainage Districts the total aggregate amount of $45,228.83 for the maintenance, operation, cleanout and repair of 20 drains, all in accordance with the said $1,250 per mile of drain per year limitation, as itemized on the listing attached hereto. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes the Drain Commissioner to assess, levy and collect for the year 2008, for the purpose of operating, maintaining, cleaning out and repairing 20 drains located in Oakland County, the total aggregate amount of $45,228.83, being the sum total of assessments for the said year to be assessed against all of the benefiting properties and government entities comprising the assessment rolls of 20 Drainage Districts itemized on the listing attached hereto. Commissioners Minutes Continued. October 23, 2008 883 Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Oakland County Drain Commissioner 2008 Chapter 18 Drain Assessments for Maintenance and Operation on file in County Clerk’s office. FISCAL NOTE (MISC. #08197) BY: Finance Committee, Mike Rogers, Chairperson IN RE: DRAIN COMMISSIONER - 2008 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Drain Commissioner to assess, levy, and collect $45,228.83 for the year 2008 against all benefiting properties and government entities comprising the assessment rolls, for the purpose of operating, maintaining, cleaning, and repairing 20 Chapter 18 drains located within Oakland County. 2. Oakland County’s share of the assessments for maintenance of Chapter 18 drains is $7,109.44. 3. Funding is available in the General Fund Non-Departmental account - Drain Assessments. No budget amendments are recommended. FINANCE COMMITTEE (The vote for this motion appears on page 891.) *REPORT (MISC. #08224) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on October 15, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08224 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Automobile Theft Prevention Authority (ATPA) has awarded the Office of the Prosecuting Attorney grant funding in the amount of $271,588 beginning October 1, 2008 through September 30, 2009; and WHEREAS this grant was previously a program year grant in 2007 then changed to a nine (9) month calendar year grant for 2008, but with this award, the grant is now on the same fiscal year cycle as Oakland County; and WHEREAS this is the twenty-first (21st) year of grant award for this program; and WHEREAS the Grant award is $271,588 with a State contribution of $162,953 (60%) and a County match contribution of $108,635 (40%); and WHEREAS the State contribution percentage has decreased from 75% to 60%, and the County match requirement has increased from 25% to 40%; and WHEREAS the total application program funding of $301,765 was reduced 10% or $30,177 to $271,588; this funding reduction is met by reducing the Assistant Prosecutor IV position (4010201-06387) to Commissioners Minutes Continued. October 23, 2008 884 Assistant Prosecutor III; and by reducing the Assistant Prosecutor III position (4010201-06113) to Assistant Prosecutor II; and WHEREAS the County match of $108,635 has been included in the Fiscal Year 2009 Adopted Budget; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant award has been processed through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Prosecuting Attorney's 2009 Automobile Theft Prevention Authority grant in the total amount of $271,588 including the State contribution of $162,953 and $108,635 in grant match, and that this grant is now a fiscal year grant from October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the Assistant Prosecutor IV position (4010201-06387) be reduced to Assistant Prosecutor III; and the Assistant Prosecutor III position (4010201-06113) be reduced to Assistant Prosecutor II. BE IT FURTHER RESOLVED that the continuation of this program, including personnel, is contingent upon continued grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of ATPA Project Orientation Meeting Agreement, Program Addendum to Grant Award and Budget Detail on file in County Clerk’s Office. FISCAL NOTE (MISC. #08224) BY: Finance Committee, Mike Rogers, Chairperson IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney has been awarded a State of Michigan 2009 Automobile Theft Prevention Authority (ATPA) Grant in the amount of $271,588. 2. The 2009 award amount is $6,787 less than the partial year 2008 award, and the State of Michigan Auto Theft Prevention Authority is converting from calendar year to fiscal year awards effective with this grant acceptance. 3. The $271,588 is for twelve (12) months, and the State contribution percentage has decreased from 75% to 60%, while the County match requirement has increased from 25% to 40%. 4. The total State contribution is $162,953 (60%) and the County grant match is $108,635 (40%). The County match is available in the Fiscal Year 2009 Non-Departmental Grant Match line item. 5. The total application program funding of $301,765 was reduced 10% or $30,177 to $271,588; this funding reduction will be met by downwardly reclassifying the Assistant Prosecutor IV position (4010201-06387) to Assistant Prosecutor III and by downwardly reclassifying the Assistant Prosecutor III position (4010201-06113) to Assistant Prosecutor II. 6. In addition to the County match requirements, the County is expected to incur $15,759 in administrative and support costs that are not recoverable through this grant. 7. A budget amendment to the Fiscal Year 2009 Adopted Budget is recommended as follows: FY 2009 FY 2009 FY 2009 GENERAL FUND #10100 Adopted Adjustment Amended Expenditures 9090101-196030-730800 Grant Match $ 500,696 ($ 108,635) $392,061 4010201-122020-788001-27310 Transfers Out 0 108,635 108,635 Total General Fund Expenditures $ 500,696 $ 0 $500,696 Commissioners Minutes Continued. October 23, 2008 885 A.T.P.A. GRANTS FUND 27310 Revenues 4010201-122020-615571 Grants State $169,740 ($ 6,787) $162,953 4010201-122020-695500-10100 Transfers In 56,580 52,055 108,635 Total Grant Revenue $226,320 $ 45,268 $271,588 Expenditures 4010201-122020-702010 Salaries $ 144,313 $ 28,863 $173,176 4010201-122020-722740 Fringe Benefits 72,893 14,582 87,475 4010201-122020-731346 Personal Mileage 2,765 553 3,318 4010201-122020-750399 Office Supplies 919 184 1,103 4010201-122020-774636 IT Operations 3,558 712 4,270 4010201-122020-777560 Radio Comm. 972 194 1,166 4010201-122020-778675 Telephone Comm. 900 180 1,080 Total Grant Expenditures $ 26,320 $ 45,268 $271,588 FINANCE COMMITTEE (The vote for this motion appears on page 891.) *REPORT (MISC. #08225) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2009 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on October 15, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08225 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2009 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office applied to the Michigan Department of State Police - Office of Highway Safety Planning for $1,031,998 in grant funding from Public Act 416 to conduct secondary road patrol activities for the period October 1, 2008 through September 30, 2009; and WHEREAS the Michigan Department of State Police - Office of Highway Safety Planning has awarded Oakland County with a grant in the amount of $1,031,998, which is a decrease from the Fiscal Year 2008 award; and WHEREAS the grant provides funding for six (6) Deputy II positions (#01539, #02572, #02957, #03114, #07501 and #09191) and two (2) Sergeant positions (#07790 and #09982) located in the Patrol Services Division; and WHEREAS due to lack of funding, one (1) Deputy II position (#03324,) is requested to be deleted; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of grant program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2009 Secondary Road Patrol Grant award from the Michigan Department of State Police - Office of Highway Safety Planning in the amount of $1,031,998 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that one (1) Deputy II position (#03324) be deleted effective October 1, 2008. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. October 23, 2008 886 Copy of Secondary Road Patrol and Traffic Accident Prevention Program and Resolutions from Local Clerks on file in County Clerk’s Office. FISCAL NOTE (MISC. #08225) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE - FISCAL YEAR 2009 SECONDARY ROAD PATROL AND TRAFFIC ACCIDENT PREVENTION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of State Police - Office of Highway Safety Planning awarded Oakland County a grant in the amount of $1,031,998 for the period October 1, 2008 through September 30, 2009. The award represents an $8,459 decrease from the Fiscal Year 2008 award. This is the 30th year of grant funding. 2. The grant provides funding for six (6) Deputy II positions (#’s 01539, 02572, 02957, 03114, 07501, and #09191) and two (2) Sergeant Positions (#’s 07790, and 09982) located in the Patrol Services Division. 3. Due to reduction in funding, one (1) Deputy II position (#03324) will be deleted effective October 1, 2008. 4. No County match is required. 5. A budget amendment is recommended to the Fiscal Year 2009 Special Revenue Budget as follows: FY 2009 FY 2009 FY 2009 GRANT FUND #27345 Adopted Adjustment Amended Project GR#0000000142, Activity A, Analysis Type GLB Revenue 4030601-110010-615571 Grants State $1,040,457 ($ 8,459) $1,031,998 Total Grant Fund Revenue $1,040,457 ($ 8,459) $1,031,998 Expenditures 4030601-110010-702010 Salaries Regular $ 569,550 ($ 28,488) $ 541,062 4030601-110010-712020 Overtime $ 30,984 $ 19,016 $ 50,000 4030601-110010-722740 Fringe Benefits $ 359,712 ($ 8,950) $ 350,762 4030601-110010-776661 Motor Pool $ 80,211 $ 9,963 $ 90,174 Total Grant Fund Expenditures $1,040,457 ($ 8,459) $1,031,998 FINANCE COMMITTEE (The vote for this motion appears on page 891.) *REPORT (MISC. #08226) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on October 15, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08226 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Commissioners Minutes Continued. October 23, 2008 887 Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Automobile Theft Prevention Authority (ATPA), awarded the Auto Theft Unit of the Sheriff’s Office funding in the amount of $1,070,659 for the fiscal year period of October 1, 2008 through September 30, 2009 and represents continuation funding, and converts funding period from a calendar year to a fiscal year grant award; and WHEREAS of the total grant award of $1,070,659 the Oakland County Sheriff’s Department will administer $820,520 and the balance of $250,139 will be the direct responsibility of Hazel Park and Wayne County; and WHEREAS the Waterford, Hazel Park, Farmington Hills, Wayne County, and West Bloomfield Township Police Departments are included in the grant awarded to Oakland County; and WHEREAS Oakland County has been awarded $318,668 with a required $212,445 local match, the Farmington Hills Police Department $64,144 with a required $42,763 local match, the Hazel Park Police Department $48,504 with a required $32,336 local match, the Waterford Township Police Department $62,628 with a required $41,752 local match, the Wayne County Sheriff Department $101,579 with a required $67,720 local match, and the West Bloomfield Township Police Department $46,872 with a required $31,248 local match; and WHEREAS although the Hazel Park Police Departments and Wayne County Sheriff’s Office are part of the ATPA program, they will be requesting their own funding and accounting; and WHEREAS the Oakland County matching funds requirement increased from twenty-five percent (25%) to forty (40%) and the County’s share of $212,445 is available in the general fund non-departmental grant match account and has been included in the Fiscal Year 2009 Adopted Budget; and WHEREAS the total 2008 approved budget program funding of $1,189,620 was reduced 10% or $118,962 to $1,070,659 for the total 2009 approved budget; and WHEREAS the Sheriff’s Office wishes to use Sheriff Auto Theft Prevention – Deferred Revenue Funds (account number 10100-4030901-116270-222470) in the amount of $59,013 to offset the 10% reduction for Oakland County’s share of the grant, which increases the total program cost from $1,070,659 to $1,129,672; and WHEREAS the total program required match is $428,263 and is met by each participating municipalities local matching funds; and WHEREAS the award provides full time funding for the following current positions with the Sheriff’s Department one (1) Sergeant (10333) and four (4) Deputy II’s (06108, 06109, 06147, 06148); and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of grant funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Fiscal Year 2009 Automobile Theft Prevention Authority Grant award in the amount of $820,520. BE IT FURTHER RESOLVED that Sheriff Department use of Forfeiture Funds in the amount of $59,013 be utilized to offset the 10% funding reduction by the State. BE IT FURTHER RESOLVED that the Board Chairperson on behalf of the County of Oakland, is authorized to execute the grant acceptance. BE IT FURTHER RESOLVED that this award represents completion of the funding transition from nine months to a full fiscal year of program funding, and that future level of service, including personnel, is contingent upon continued grant funding of this program. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of ATPA Project Orientation Meeting Agreement, Program Addendum to Grant Award and Budget Detail on file in County Clerk’s office. FISCAL NOTE (MISC. #08226) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2009 AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: Commissioners Minutes Continued. October 23, 2008 888 1. The Automobile Theft Prevention Authority (ATPA) awarded the Sheriff’s Office, Auto Theft Unit, funding in the amount of $1,070,659. 2. Of the total award of $1,070,659, Oakland County administers $820,520, which excludes the Wayne County Sheriff’s Department ($169,299) and Hazel Park Police Department ($80,840) who each receive their funding directly from the State. 3. The Waterford, Hazel Park, West Bloomfield Township, Farmington Hills Police Departments, and the Wayne County Sheriff are included in the award amount. The Oakland County award is $318,668 with a required $212,445 local match, the Farmington Hills Police Department $64,144 with a required $42,763 local match, the Wayne County Sheriff Department $101,579 with a required $67,720 local match, the Hazel Park Police Department $48,504 with a required $32,336 local match, the West Bloomfield Township Police Department $46,872 with a required $31,248 local match, the Waterford Township Police Department $62,628 with a required $41,752 local match. 4. The County’s required local match of 40% in the amount of $212,445 is available in the Non- Departmental Grant Match account. 5. The grant continues funding for four (4) Deputy II positions (#’s 06108, 06109, 06147, and 06148) and one (1) Sergeant position (#10333). There are no changes in personnel from the previous award. 6. The total 2008 approved budget program funding of $1,189,620 was reduced 10% or approximately $118,961 to $1,070,659 representing the total 2009 approved budget. 7. The Sheriff’s Office wishes to use Sheriff Auto Theft Prevention – Deferred Revenue Funds (account number 10100-4030901-116270-222470) in the amount of $59,013 to offset the 10% reduction for Oakland County’s share of the grant, which increases the total program cost from $1,070,659 to $1,129,672. 8. In addition to the County match requirements, the County is expected to incur administrative and support costs of $28,974 for Fiscal Year 2009, which have been included in the Fiscal Year 2009 Adopted Budget. This grant does not allow for recovery of those costs. 9. A Special Revenue Fund budget amendment is recommended as follows: FY 2009 FY 2009 FY 2009 Adopted Adjustment Amended GENERAL FUND #10100 Revenues 4030901-116270-670285 Enhancement Funds $ 0 $ 59,013 $ 59,013 Total General Fund Revenues $ 0 $ 59,013 $ 59,013 Expenditures 9090101-196030-730800 Grant Match $392,061 ($212,445) $179,616 4030901-116270-788001-27310 Transfer Out $ 0 $271,458 $271,458 Total General Fund Expenditures $392,061 $ 59,013 $451,074 SPECIAL REVENUE FUND #27310 Revenues 4030901-116270-695500-10100 Transfer In $110,648 $160,810 $271,458 4030901-116270-615571 Grants-State $512,824 ($ 20,512) $492,312 4030901-116270-625558 Local Match $ 60,293 $ 55,470 $115,763 Total Sheriff - ATPA Grant Revenues $683,765 $195,768 $879,533 Expenditures 4030901-116270-702010 Salaries $376,984 $111,986 $488,970 4030901-116270-712020 Overtime $ 28,273 $ 5,650 $ 33,923 4030901-116270-722740 Fringe Benefits. $234,333 $ 69,297 $303,630 4030901-116270-778675 Telephone $ 6,525 $ 1,305 $ 7,830 4030901-116270-776661 Motor Pool $ 36,600 $ 7,320 $ 43,920 4030901-116270-750070 Deputy Supplies $ 1,050 $ 210 $ 1,260 Total Sheriff - ATPA Grant Expenditures $683,765 $195,768 $879,533 FINANCE COMMITTEE (The vote for this motion appears on page 891.) Commissioners Minutes Continued. October 23, 2008 889 *REPORT (MISC. #08227) BY: Personnel Committee, Thomas F. Middleton, Chairperson IN RE: SHERIFF’S OFFICE – FISCAL YEAR 2009 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO-OCCURRING DISORDERS PROGRAM AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on October 15, 2008 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE MISCELLANEOUS RESOLUTION #08227 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2009 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO-OCCURRING DISORDERS PROGRAM AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff’s Office established the Jail Alliance With Support (JAWS) program in 2004 through a grant from the Michigan Department of Community Health Office of Drug Control Policy; and WHEREAS the Community Health Authority has provided supplemental grant funding towards the JAWS program and funded one (1) SR part-time non-eligible (PTNE) Inmate Substance Abuse Technician position (#10308) since 2006; and WHEREAS the Jail Alliance With Support (JAWS) program has been grant staffed with one (1) full-time- eligible (FTE) Inmate Caseworker (Pos. #10307), one (1) PTNE 1,000 hr./year Inmate Caseworker (Pos. #10359) located in the Sheriff’s Office/Corrective Services Division/Inmate Program Services Unit and two (2) FTE Substance Abuse Program Analysts (Pos. #10306 and 10360) located in the Human Services Department/Health Division/Substance Abuse Unit until September 30, 2008; and WHEREAS the elimination in grant funding for this fiscal year has prompted an agreement between the Community Mental Health Authority (CMHA) and Oakland County for one-time funding in the amount of $102,266 for Fiscal Year 2009 JAWS program; and WHEREAS to support the JAWS program the Sheriff is requesting the creation of one (1) GF/GP FTE Inmate Caseworker position to be GF/GP CMHA Reimbursement funded with a sunset of 9/30/09; and WHEREAS this new agreement with CMHA also results in the deletion of one (1) SR PTNE Inmate Substance Abuse Technician position (#10308) effective September 30, 2008; and WHEREAS adjustments have been made to the program budget to operate within the existing award; and WHEREAS in addition to the JAWS program, the agreement with CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP Full-time Inmate Caseworker (Pos. #06577) assigned to Inmate Program Services with funds being deposited into the General Fund; and WHEREAS the acceptance of this new agreement does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 CMHA Letter of Agreement in the amount of $102,266 to continue the Jail Alliance with Support for Inmates with Co-occurring Disorders program and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements, as attached. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 CMHA Letter of Agreement in the amount of $64,468 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements as attached. BE IT FURTHER RESOLVED that to support the JAWS program one (1) GF/GP CMHA Reimbursed funded FTE Inmate Caseworker position be created in the Sheriff’s Department/Corrective Services- Detention Facilities Division/Inmate Program Services Unit effective October 1, 2008 with a sunset date of September 30, 2009. Commissioners Minutes Continued. October 23, 2008 890 BE IT FURTHER RESOLVED the deletion of one (1) SR 1,000 hrs./yr. PTNE Inmate Substance Abuse Technician position (#10308) in the Sheriff’s Department/Corrective Services-Detention Facilities Division/Inmate Program Services Unit effective September 30, 2008. BE IT FURTHER RESOLVED that one (1) SR full-time- eligible (FTE) Inmate Caseworker (Pos. #10307), one (1) SR PTNE 1,000 hr./year Inmate Caseworker (Pos. #10359) located in the Sheriff’s Office/Corrective Services Division/Inmate Program Services Unit and two (2) SR FTE Substance Abuse Program Analysts (Pos. #10306 and 10360) located in the Human Services Department/Health Division/Substance Abuse Unit Michigan Department of Community Health Office of Drug Control Policy grant funded be deleted retroactive to September 30, 2008. BE IT FURTHER RESOLVED to continue one (1) GF/GP Full-time Inmate Caseworker (Pos. #06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which will continued to be partially funded by CMHA. BE IT FURTHER RESOLVED that the continuation of this program and position(s) are contingent upon continued reimbursement funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the forgoing resolution. PUBLIC SERVICES COMMITTEE Copy of JAWS (Jail Alliance With Support) Fiscal Year 2009 Funding and Fiscal Year 2009 Inmate Caseworker Position on file in County Clerk’s office. FISCAL NOTE (MISC. #08227) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE – FISCAL YEAR 2009 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO-OCCURRING DISORDERS PROGRAM AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff’s Office prior to Fiscal Year 2009 received grant funding for its Jail Alliance With Support (JAWS) program from the Michigan Department of Community Health through the Office of Drug Control Policy, the balance of the program funding was derived from Oakland County GF/GP grant matching funds, and from the Oakland County Community Mental Health Authority (CMHA) contributed funding representing the total JAWS program funding. 2. The funding arrangement has changed effective 10/1/08 with the termination of the State grant funding and is replaced and fully funded by CMHA GF/GP contributed funding. 3. Total program funding is established by two (2) CMHA funding authorization letters of $102,266 and $64,468 for total program funding of $166,734. 4. CMHA agrees to provide this supplemental funding arrangement for one (1) year for the period October 1, 2008 through September 30, 2009 at which time this funding arrangement will be evaluated for extension and renewal. 5. Funding of $102,266 will be used to create one (1) GF/GP Full-Time Inmate Caseworker in the Sheriff’s Department/Corrective Services Division, Inmate Program Services Unit; continuation of this newly created position is contingent upon continued funding from CMHA. 6. CMHA will continue partial funding of $64,468 for one (1) GF/GP Full-Time Inmate Caseworker (Pos. #06577) assigned to the Inmate Program Services is partially funded; continuation of this position is contingent upon continued funding from CMHA. 7. The resolution also deletes one (1) SR FTE Inmate Caseworker (Pos. #10307), one (1) SR PTNE 1,000 hr. Inmate Caseworker (Pos. #10359), and two (2) SR FTE Substance Abuse Program Analysts (Pos. #10306 and #10360). 8. A budget amendment to the Fiscal Year 2009 Special Revenue and GF/GP budgets is recommended to recognize program funding changes and the supplemental funding from CMHA, which totals $166,734 as follows: Commissioners Minutes Continued. October 23, 2008 891 FY 2009 FY 2009 FY 2009 Adopted Adjustment Amended DRUG POLICY GRANT FUND #27320 Project GR#0000000268, Activity A, Analysis Type GLB Budget Ref 2008 Revenue 4030301-112620-631799 Reimb. Contracts $ 78,333 ($ 78,333) $ 0 4030301-112620-610313 Grants-Federal $ 41,396 ($ 41,396) $ 0 4030301-112620-695500-10100 Trf. frm Gen. $ 47,506 ($ 47,506) $ 0 1060261-134440-610313 Grants-Federal $ 71,938 ($ 71,938) $ 0 1060261-134440-695500-20221 Trf. frm Health $107,908 ($107,908) $ 0 Total Drug Policy Grant Fund Revenue $347,081 ($347,081) $ 0 Expenditures 4030301-112620-702010 Salaries $116,121 ($116,121) $ 0 4030301-112620-722740 Fringe Benefits $ 42,060 ($ 42,060) $ 0 4030301-112620-750399 Supplies $ 9,054 ($ 9,054) $ 0 1060261-134440-702010 Salaries $121,698 ($121,698) $ 0 1060261-134440-722740 Fringe Benefits $ 58,148 ($ 58,148) $ 0 Total Drug Policy Grant Fund Expenses $347,081 ($ 347,081) $ 0 GENERAL FUND #10100 Revenue 4030301-112620-631869 Reimb. Salaries $64,468 $ 102,266 $ 166,734 Total General Fund Revenue $64,468 $ 102,266 $ 166,734 Expenditures 4030301-112620-702010 Salaries $41,167 $ 65,304 $106,471 4030301-112620-722740 Fringe Benefits $23,301 $ 36,962 $ 60,263 Total General Fund Expenses $64,468 $102,266 $166,734 FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Rogers stated there was nothing to report on the Regular Agenda. REPORT (MISC. #08202) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO ESTABLISH A REGIONAL PARTNERSHIP FOR SUSTAINABILITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 13, 2008, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Commissioners Minutes Continued. October 23, 2008 892 MISCELLANEOUS RESOLUTION #08202 BY: Commissioners Jim Nash, David Potts, Tim Burns, Eric Coleman, David Coulter, Marcia Gershenson, Michael Gingell, Vincent Gregory, Tim Greimel, Mattie Hatchett, Bradford Jacobsen, Karen Spector, David Woodward, Helaine Zack IN RE: BOARD OF COMMISSIONERS – RESOLUTION TO ESTABLISH A REGIONAL PARTNERSHIP FOR SUSTAINABILITY To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS environmental and economic challenges are regional in nature and will be most effectively addressed by cooperation across jurisdictional boundaries; and WHEREAS the Detroit City Council and the County Commissions of Wayne, Oakland, and Macomb Counties convened at the 2008 Tri-County Summit to collaborate in finding regional solutions to environmental and economic issues; and WHEREAS a sustainable future is one built on meeting today’s needs without compromising the ability of future generations to meet their needs, and must encompass the triple bottom line of environmental integrity, economic prosperity and social equity; and WHEREAS this objective can best be achieved through a joint partnership between the Detroit City Council and the County Commissions of Wayne, Oakland, and Macomb Counties; and WHEREAS such a partnership, to be called the Regional Partnership for Sustainability, will establish a framework for dealing with a wide range of environmental and economic challenges faced by the southeast region of Michigan; and WHEREAS the Partnership will be a substantive product of the 2008 Tri-County Summit, as well as an entity through which government, business and institutions within the region can work together to craft desired goals resulting in solutions for a sustainable future; and WHEREAS we are confident that such a commitment from the Tri-County communities will prove to be a model for regional growth and sustainability. NOW THEREFORE BE IT RESOLVED that the Detroit City Council and the Wayne, Oakland, and Macomb County Commissions hereby recognize the significant benefit of regional cooperation and join together to establish the Regional Partnership for Sustainability. BE IT FURTHER RESOLVED that a steering committee shall be formed with two bipartisan (as appropriate) voting representatives each from the Detroit City Council, the Commissions of Wayne, Oakland, and Macomb Counties to provide direction and oversight; the steering committee will also include non-voting members representing city and county departments and subject experts. BE IT FURTHER RESOLVED that the Detroit City Council and the Commissions of Wayne, Oakland, and Macomb Counties shall take a vote regarding the establishment of the Partnership by November 15, 2008; and providing the Partnership is established, convene the first meeting of the steering committee by January 16, 2009. BE IT FURTHER RESOLVED that the Partnership will have a three-year duration with the option to continue its work towards a sustainable region beyond three years as deemed fit and necessary. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Clerk to forward copies of this adopted resolution to the Detroit City Council and the Commissions of Wayne, Oakland, and Macomb Counties. Chairperson, we move the adoption of the foregoing resolution. JIM NASH, DAVID POTTS, HELAINE ZACK, DAVE WOODWARD, DAVID COULTER, VINCENT GREGORY, TIM GREIMEL, MATTIE HATCHETT, MARCIA GERSHENSON, KAREN SPECTOR, TIM BURNS, SUE ANN DOUGLAS, TOM MIDDLETON, MICHAEL GINGELL, JEFF POTTER, BRADFORD JACOBSEN, EILEEN KOWALL, HUGH CRAWFORD Moved by Long supported by Nash the resolution be adopted. Moved by Nash supported by Long the resolution be amended as follows: Commissioners Minutes Continued. October 23, 2008 893 Insert as 2nd “BE IT FURTHER RESOLVED” paragraph to read: BE IT FURTHER RESOLVED, that the Oakland County representatives to the Regional Partnership for Sustainability shall be selected by a recommendation to the Oakland County Board of Commissioners by the General Government Committee. Vote on amendment: AYES: Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #08220) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ONE D: TRANSFORMING REGIONAL DETROIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 13, 2008, reports with the recommendation that the resolution be amended, as follows: 1. Amend the 7th WHEREAS paragraph, as follows: WHEREAS One D was founded by six is led by eight regional organizations: the Cultural Alliance of Southeastern Michigan, the Detroit Regional Chamber, Detroit Renaissance, the Detroit Metro Convention & Visitors Bureau, New Detroit, Inc., and United Way for Southeastern Michigan, the Metropolitan Affairs Coalition, and the Southeast Michigan Council of Governments; and 2. Amend the 11th WHEREAS paragraph, as follows: WHEREAS One D’s “Champions Council”, led by One D, together with its “Lead Champion”, Edsel B. Ford II and a small group of other key business and community leaders, will advocate for regional collaboration, will annually review One D’s progress on the five identified priorities, and will present an annual report at the Detroit Regional Chamber’s yearly Mackinac Policy Conference; and Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #08220 BY: Tim Greimel, Marcia Gershenson, Helaine Zack, Mike Rogers IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ONE D: TRANSFORMING REGIONAL DETROIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the metropolitan Detroit area, including Oakland County, faces a number of acute economic challenges; and WHEREAS the 2008-2010 Economic Outlook for Oakland County, prepared through a collaboration between Oakland County and the University of Michigan Institute of Labor and Industrial Relations, forecasts job gains in knowledge-based industries and job losses in other industries; and Commissioners Minutes Continued. October 23, 2008 894 WHEREAS the Economic Outlook for Oakland County forecasts a decrease in the number of Oakland County residents of prime working age (ages 25 to 64) between 2010 and 2035 and a dramatic increase in the proportion of Oakland County’s population that is 65 years old or older from 13.2% in 2010 to 23.4% in 2035 (a number far in excess of the approximately 17% of Florida’s population that is currently age 65 years old or older); and WHEREAS the Economic Outlook for Oakland County forecasts a severe shortage of potential workers in the period after 2010, unless Oakland County experiences a large influx of younger workers; and WHEREAS the Economic Outlook for Oakland County recommends that Oakland County seek to attract knowledge-based businesses and workers by, among other things, improving recreational and cultural amenities, attracting emerging industries, and emphasizing education and training; and WHEREAS One D: Transforming Regional Detroit is a collaborative initiative seeking to transform the metropolitan Detroit area into one of the world’s greatest regions; and WHEREAS One D was founded by six regional organizations: the Cultural Alliance of Southeastern Michigan, the Detroit Regional Chamber, Detroit Renaissance, the Detroit Metro Convention & Visitors Bureau, New Detroit, Inc., and United Way for Southeastern Michigan; and WHEREAS One D is focused on the alignment of the private, public, and non-profit sectors toward the achievement of common priorities – while reducing duplication and redundancies; and WHEREAS One D, as a regional initiative, will (1) provide the opportunity for the private sector to speak with a unified voice for the region in order to impact public policy and funding from Lansing and Washington, D.C.; (2) have the ability to attract private sector funding for action plan implementation; (3) help local foundations, businesses, civic, and other organizations to focus on regional priorities; and (4) provide the opportunity to impact five important priorities that the people of Southeast Michigan have collectively said are important; and WHEREAS the priorities of One D, as identified through a citizen input process, are: economic prosperity, quality of life, regional transit, educational preparedness, and race relations; and WHEREAS One D’s “Champions Council”, led by Edsel B. Ford II and a small group of key business and community leaders, will advocate for regional collaboration, will annually review One D’s progress on the five identified priorities, and will present an annual report at the Detroit Regional Chamber’s yearly Mackinac Policy Conference; and WHEREAS regional transformation can be accomplished through collaborative thinking, planning, and implementation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby endorses the vision of One D: Transforming Regional Detroit and recognizes the importance of a united region in order to effectively compete in a global economy. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners applauds and supports the efforts of One D and looks forward to being a partner in advancing progress and growth, not only in Oakland County, but in the entire metropolitan Detroit region. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Edsel B. Ford II, the Cultural Alliance of Southeastern Michigan, the Detroit Regional Chamber, Detroit Renaissance, the Detroit Metro Convention and Visitors Bureau, New Detroit, Inc., United Way for Southeastern Michigan, the Macomb County Board of Commissioners, the Wayne County Board of Commissioners, the Wayne County Executive, the Detroit City Council, the Mayor of Detroit, and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, MARCIA GERSHENSON, HELAINE ZACK, MIKE ROGERS, VINCENT GREGORY, MATTIE HATCHETT, KAREN SPECTOR, JIM NASH, DAVID COULTER, JEFF POTTER, TOM MIDDLETON, HUGH CRAWFORD, TIM BURNS, DAVID WOODWARD Moved by Long supported by Greimel the resolution be adopted. Moved by Long supported by Greimel the General Government Committee Report be accepted. Commissioners Minutes Continued. October 23, 2008 895 A sufficient majority having voted in favor, the report was accepted. Discussion followed. Moved by Long supported by Greimel the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #08204) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ESTABLISHMENT OF ENERGY TRADES INSTITUTE TO TRAIN AND RE-TRAIN WORKERS FOR MICHIGAN’S FUTURE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above-referenced resolution on October 13, 2008, reports with the recommendation that the resolution be amended, as follows: 1. Amend the 1st BE IT FURTHER RESOLVED paragraph, as follows: Be it further resolved that the Oakland County Commission urges encourages the State Legislature to appropriate unused job training dollars in the current fiscal year and a targeted consider funding for targeted investments in the 2008-2009 budget year in order to support the creation of an Energy Trades Institute. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #08204 BY: Commissioner Tim Greimel, District #11 and Commissioner Karen Spector, District #16 IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR ESTABLISHMENT OF ENERGY TRADES INSTITUTE TO TRAIN AND RE-TRAIN WORKERS FOR MICHIGAN’S FUTURE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Michigan Public Service Commission, Michigan’s Legislature, and Michigan’s Governor are contemplating enacting reliability requirements for Michigan’s electric utility industry as a result of severe storms in 2008 that resulted in severe losses of electric power, thereby impacting trade, commerce, and the quality of life for thousands of Michigan residents; and WHEREAS the provision of reliable electrical service and rapid storm response is imperative to the quality of life of Michigan residents and the productivity of Michigan’s public, private, agricultural, commercial, and industrial sectors; and WHEREAS electrical line workers are the “backbone” of the electric utility industry and perform the labor required to operate and maintain the electric grid; and WHEREAS electrical line workers’ labor erecting transmission towers and utility poles and constructing and repairing the transmission lines that carry electricity from power plants to distribution lines and, ultimately, to commercial, industrial, and residential customers is critical to our country and our state’s quality of life; and WHEREAS these line workers perform one of the most dangerous professions and receive wages that are among the highest in the world for jobs that do not require a college education; and WHEREAS there are only an estimated 50,000 line workers across the country; and Commissioners Minutes Continued. October 23, 2008 896 WHEREAS DTE Energy only has an estimated 1,500 electrical workers, and Consumers Power only has an estimated 500 electrical line workers; and WHEREAS the rapid retirement of America’s skilled trade workforce in the energy sector is a critical quality of life issue for the nation; and WHEREAS the 78 million individuals born between 1946 and 1964 who comprise the “Baby Boom Generation” comprise about 45% of the overall American workforce, but close to 70% of the skilled energy trades workforce; and WHEREAS an estimated 40% of Michigan’s line worker labor force will approach retirement within 3 to 5 years from now; and WHEREAS the most recent Energy Policy Act Report to Congress estimated that there is a national shortage of line workers of 10,000 people and stated that the shortage of qualified potential employees could limit the nation’s ability to maintain and or increase electricity supply, potentially impacting the economic and national security of the United States; and WHEREAS by staking out a leadership position as America’s leader in pre-apprentice and energy skilled trades training, Michigan sets the stage to make a compelling case for federal funding to assist in addressing the national electric line worker labor shortage and creating skilled trade opportunities to re- train a highly skilled unemployed Michigan workforce and create thousands of new high wage jobs. NOW THEREFORE BE IT RESOLVED that the Oakland County Commission hereby endorses the establishment of an Energy Trades Institute through a public-private-organized labor partnership between the State of Michigan, Michigan’s electric utility industry, and the International Brotherhood of Electrical Workers in order to aggressively establish Michigan as a national training ground for not only electrical line workers, but all of the emerging energy trades. BE IT FURTHER RESOLVED that the Oakland County Commission urges the State Legislature to appropriate unused job training dollars in the current fiscal year and a targeted investment in the 2008- 2009 budget year in order to support the creation of an Energy Trades Institute. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby requests the Oakland County Clerk to forward copies of this adopted resolution to Governor Jennifer Granholm, members of the Oakland County delegation to the Michigan legislature, the Michigan Association of Counties, DTE Energy, Consumers Power, the International Brotherhood of Electrical Workers and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, KAREN SPECTOR, DAVID WOODWARD, JIM NASH, VINCENT GREGORY, DAVID COULTER, ERIC COLEMAN Moved by Long supported by Greimel the resolution be adopted. Moved by Long supported by Greimel the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Greimel the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. Commissioners Minutes Continued. October 23, 2008 897 MISCELLANEOUS RESOLUTION #08228 BY: General Government Committee, Christine Long, Chairperson IN RE: COUNTY CLERK/REGISTER OF DEEDS – ELECTIONS DIVISION – AGREEMENT TO UTILIZE THE SERVICES OF THE OAKLAND COUNTY BOARD OF CANVASSERS BY THE CHARTER TOWNSHIP OF INDEPENDENCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in Resolution #97232 the Board of Commissioners authorized the establishment of a revised Board of Canvassers’ Service Fee of $25.00 per precinct to help defray the cost of election certification as provided by Public Act 116 of 1954, as amended; and WHEREAS the Charter Township of Independence is requesting to utilize the services of the Oakland County Board of Canvassers for five (5) years; and WHEREAS Oakland County Corporation Counsel has drafted an agreement for the Charter Township of Independence to utilize the services of the Oakland County Board of Canvassers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the attached agreement with the Charter Township of Independence to utilize the services of the Oakland County Board of Canvassers. BE IT FURTHER RESOLVED that upon approval of this agreement by the Oakland County Board of Commissioners, a copy shall be filed by the County Clerk with the Office of the Great Seal of the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Agreement between the County and Charter Township of Independence. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Agreement between the Charter Township of Independence and Oakland County to Utilize the Services of the Oakland County Board of Canvassers on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08229 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT- FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY PROSECUTOR’S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor’s Investigators Association have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2009 for approximately seven Prosecutor’s Investigators; and WHEREAS this agreement provides for a 1% increase effective with the pay period beginning September 27, 2008; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with the health care contribution increases provided for in Miscellaneous Resolution #07216 for fiscal year 2009, such modifications are to begin January 1, 2009; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and the Oakland County Prosecutor’s Investigators Association covering the period of October 1, 2008, through September 30, 2009, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Commissioners Minutes Continued. October 23, 2008 898 Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08230 BY: Personnel Committee, Thomas Middleton, Chairperson IN RE: HUMAN RESOURCES - FISCAL YEAR 2009 COLLECTIVE BARGAINING AGREEMENT EXTENSION FOR EMPLOYEES REPRESENTED BY AFSCME COUNCIL 25 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and AFSCME Council 25 have negotiated an extension of the current collective bargaining agreement for Fiscal Year 2009 for approximately five Board of Commissioner employees; and WHEREAS this agreement provides for a 1% increase effective with the pay period beginning September 27, 2008; and WHEREAS this agreement provides that health care for the employees represented by this bargaining unit will be consistent with the health care contribution increases provided for in Miscellaneous Resolution #07216 for fiscal year 2009, such modifications are to begin January 1, 2009; and WHEREAS this agreement will be extended through Fiscal Year 2009; and WHEREAS the agreement has been reduced to writing in the form of a Memorandum of Agreement; and WHEREAS this agreement has been reviewed by your Personnel Committee, which recommends its approval. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the collective bargaining agreement extension between the County of Oakland and AFSCME Council 25 covering the period of October 1, 2008, through September 30, 2009, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Copy of Memorandum of Agreement on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08231 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: DRAIN COMMISSIONER – RE-TITLE CLASSIFICATIONS TO REFLECT DEPARTMENT NAME CHANGE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #08183 authorized the name change of the Office of the Oakland County Drain Commissioner to the Office of the Oakland County Water Resources Commissioner; and WHEREAS the name change shall take effect on November 5, 2008; and WHEREAS it is proposed to change the titles of the following classifications and corresponding positions to be consistent with the new department title. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes re- titling the following classifications with no change in salary or status: From To Drain Commissioner (6010101-02884) Water Resources Commissioner Chief Deputy Drain Commissioner (6010101-02176) Chief Deputy Water Resources Commissioner Drain Community Liaison (6010101-09672) WRC Community Liaison Drain Crew Leader Pump Maintenance WRC Crew Leader – Pump Maintenance (6010208-06811, - 06845), (6010209-00656) Drain Crew Leader-Sewage Treatment WRC Crew Leader – Sewage Treatment Commissioners Minutes Continued. October 23, 2008 899 (6010209-00228), (6010209-06248) Drain Crew Leader-Water & Sewer WRC Crew Leader – Water & Sewer (6010205-00297), (6010205-00308) (6010207-00307), (601020-07189) (6010207-09784), (6010207-10248) Drain Easement Coordinator (6010318-02577) WRC Easement Coordinator Drain Electrical Systems Coordinator (6010318-02577) WRC Electrical Systems Coordinator Drain GIS/CAD Technician I WRC GIS/CAD Technician I (6010105-02137, - 01755, - 02137, - 06523, - 07085, -09091, - 09092, -09981, - 10245, - 10246) (6010305-09273), (6010317- 01815) Drain GIS/CAD Technician II (6010105-00313) WRC GIS/CAD Technician II Drain Operations Clerk WRC Operations Clerk (6010205-03381), (6010207-00528), (6010208-06856) (6010214-06896), (6010318-02998), (6010326-06242) Drain Time & Labor Supervisor (6010101-01048) WRC Time & Labor Supervisor Chief-Drain Administrative Services (6010101-09781) Chief – WRC Administrative Services Staff Assistant – Drain (6010101-03117) Staff Assistant – WRC Administrative Assistant – Drain (6010101-05218) Administrative Assistant - WRC Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Personnel Committee. There were no objections. MISCELLANEOUS RESOLUTION #08232 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE, EMERGENCY RESPONSE AND PREPAREDNESS - OUTDOOR WARNING SYSTEM EXPANSION – TOWNSHIPS OF ADDISON, OAKLAND, ORION AND OXFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution No.'s 7865, 7971, and 8664 accepted federal grants to defray a portion of the costs in purchasing sirens to be utilized within the Oakland County Outdoor Warning System; and WHEREAS the County share of the costs will remain at twenty-five percent as has been the policy previously established by the Board of Commissioners by various Miscellaneous Resolutions, whereby local units pay seventy-five percent with the County being responsible for the maintenance and electrical costs for the sirens purchased; and WHEREAS the Townships of Addison, Oakland, Orion and Oxford, have executed the attached Interlocal Agreement; and WHEREAS the Townships of Addison, Oakland, Orion and Oxford have agreed to pay seventy-five percent of the total estimated cost of one siren; and WHEREAS consistent with the attached standard agreement, the Townships of Addison, Oakland, Orion and Oxford agrees that Oakland County will retain ownership of the siren and will be responsible for the maintenance and the electrical costs for said siren purchased under this agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the contract with the Townships of Addison, Oakland, Orion and Oxford for the purchase of one outdoor warning siren. BE IT FURTHER RESOLVED that the expenditure of this appropriation is contingent upon the execution of the attached written agreement between the County and the Townships of Addison, Oakland, Orion and Oxford. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Severe Weather Warning System Interlocal Agreement between Oakland County and Townships of Addison, Oakland, Orion and Oxford on file in County Clerk’s office. Commissioners Minutes Continued. October 23, 2008 900 The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #08180 BY: Public Services Committee, Jeff Potter Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in 2006 the Oakland County Board of Commissioners created the Criminal Justice Coordinating Council (CJCC) to plan, develop and implement innovative programs to alleviate jail overcrowding; and WHEREAS tethering defendants prior to release from jail has proven to be an effective tool for monitoring their whereabouts and enforcing the conditions of release; and WHEREAS the Criminal Justice Coordinating Council recommended a six month pilot program to study the impact that subsidized or reduced cost monitoring would have on jail overcrowding; and WHEREAS the Pilot Tethering Program was initiated pursuant to Miscellaneous Resolution #07226, in April 2008, and is successfully averaging 20 inmates per month, which positively impacts the availability of jail space for more serious offenders; and WHEREAS the cost per day to house an inmate at Oakland County Jail is in excess of $96 per day; and WHEREAS it is more cost effective to subsidize defendants participation in tethering or other monitoring programs in lieu of jail; and WHEREAS the Criminal Justice Coordinating Council is recommending a one (1) year extension of the Pilot Tethering Program, Fiscal Year 2008 – Fiscal Year 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes a one (1) year extension of the pilot program in the 6th Circuit Court, and District Courts interested in participating, for inmates who meet eligibility criteria developed by the Oakland County Sheriff’s Office, approved by the Chief Circuit Court Judge. BE IT FURTHER RESOLVED that the Sheriff’s Office reports the results of the pilot tethering program to the Public Services and Finance Committees at the end of this one (1) year extension of the program. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE REPORT (MISC. #08180) BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Oakland County Criminal Justice Coordinating Council recommends approval of the attached suggested resolution. Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I move acceptance of the foregoing report. CRIMINAL JUSTICE COORDINATING COUNCIL FISCAL NOTE (MISC. #08180) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Criminal Justice Coordinating Council (CJCC) recommends a one (1) year extension of the Pilot Tethering Program through Fiscal Year 2009. 2. Proposed costs for the program extension is not to exceed $300.000. 3. Funds are available in the General Fund, (GL Account 10100-9010101-196030-371461) Jail Alternative Program Startup, Designated Fund Balance to cover the cost. 4. A budget amendment to the Fiscal Year 2008 budget is recommended as follows: Commissioners Minutes Continued. October 23, 2008 901 GENERAL FUND 10100 FY 2008 Revenue 9010101-196030-665882 Planned Use of Fund Balance $300,000 Expenditure 4030301-112590-730373 Sheriff/Corr Svcs/Contr. Svc $300,000 $ -0- FINANCE COMMITTEE Moved by Potter supported by Zack the adopted resolution’s fiscal note be amended as follows: FISCAL NOTE (MISC. #08180) BY: Finance Committee, Mike Rogers, Chairperson IN RE: CRIMINAL JUSTICE COORDINATING COUNCIL – EXTEND PILOT TETHERING PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Criminal Justice Coordinating Council (CJCC) recommends a one (1) year extension of the Pilot Tethering Program through Fiscal Year 2009. 2. Proposed costs for the program extension is not to exceed $300,000. 3. Funds are available in the Jail Population Management Fund (Fund Balance).General Fund, (GL Account 10100-9010101-196030-371461) Jail Alternative Program Startup, Designated Fund Balance to cover the cost. 4. A budget amendment to the Fiscal Year 2008 budget is recommended as follows GENERAL FUND 10100 FY 2008 Revenue 9010101-196030-665882 Planned Use of Fund Balance $300,000 Expenditure 4030301-112590-730373 Sheriff/Corr Svcs/Contr. Svc $300,000 $ -0- JAIL POPULATION FUND #21130 FY 2008 Revenue 9010101-112700-695500-10100 Planned Use of Fund Balance $300,000 Expenditure 9010101-112700-78801 Transfer out to GF $300,000 Change in Fund Equity $ -0- GENERAL FUND #10100 Revenue 4030301-112590-695500-21130 Transfer in From JPM Fund $300,000 Expenditure 4030301-112590-730373 Sheriff/Corr Svcs/Contr. Svc $300,000 $ -0- FINANCE COMMITTEE Vote on amendment: AYES: Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson. (23) NAYS: None. (0) A sufficient majority having voted in favor, the adopted resolution’s fiscal note was amended. The Board adjourned at 10:06 a.m. to the call of the Chair or November 6, 2008 at 9:30 a.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson